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Gujarat High Court
Dineshbhai Keshavpuri Goswami vs Shilpaben D/O Ganpatpuri Goswami W/O ... on 1 December, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/5220/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5220 of
2025
In F/MISC. CIVIL APPLICATION NO. 6443 of 2025
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DINESHBHAI KESHAVPURI GOSWAMI
Versus
SHILPABEN D/O GANPATPURI GOSWAMI W/O DINESHPURI
KESHAVPURI GOSWAMI
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 01/12/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
By this application, the applicant has prayed to condone the
delay of 102 days caused in preferring the F/Misc. Civil Application
no.6443 of 2025.
2. Mr Vicky B. Mehta, learned advocate for the applicant, regrets
that the additional affidavit, as assured, could not be filed, as steps
are being taken for the purpose of preparing the affidavit. From the
record, it is pointed out that the appeal was presented on
30.08.2024 and there were certain office objections, and they could
not be removed owing to non-availability of certain documents and
the certified copy. The matter was listed before the Court and on
30.09.2024, this Court, was kind enough to grant two weeks' time to
remove the office objections, failing which, the matter was directed
to be automatically dismissed.
NEUTRAL CITATION
C/CA/5220/2025 ORDER DATED: 01/12/2025
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3. It is submitted that steps were being taken; however, in the
interregnum, during the Diwali vacation, during the shifting of the
office, the relevant papers, could not be traced out, especially the
certified copy of the judgment. As the matter was dismissed for
want of non-removal of office objections, ultimately, Misc. Civil
Application came to be filed on 21.02.2025. It is submitted that
further explanation is offered in the application.
4. It is further submitted that application was filed seeking
divorce and in that, the respondent has filed a counter claim. The
application by the applicant came to be dismissed, while the counter
claim of the respondent, came to be allowed and hence, two
separate appeals have been filed. It is urged that against the
rejection of divorce, First Appeal no.2690 of 2024 is already listed
for hearing on 16.01.2026. It is urged that the delay be condoned so
that the captioned application, which is against the self-same
judgment, be also heard together.
5. Having regard to the averments, so also the oral submissions,
the delay deserves to be condoned as per the discussion
hereinafter.
6. Discernibly, the appeal was filed in the month of August 2024.
As per order dated 06.09.2024 of the Registrar (Judicial), the office
objections were directed to be removed within the stipulated period.
Since they were not removed, this Court, has passed an order dated
30.09.2024, requiring the appellant to remove the office objections.
There were certain requirements, including the requirement of
providing the certified copy, which according to the learned
advocate, was not traceable owing to the shifting of his office during
the Diwali vacation.
7. Accepting the explanation and without insisting for further
NEUTRAL CITATION
C/CA/5220/2025 ORDER DATED: 01/12/2025
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affidavit, this Court deems it appropriate to condone the delay.
Delay is accordingly, condoned. Civil Application succeeds, and is
accordingly allowed. No order as to costs.
8. Let the applicant pay a cost of Rs.3,000/- to be deposited with
the Gujarat State Legal Services Authority within a period of two
weeks' from today.
(SANGEETA K. VISHEN,J)
(NISHA M. THAKORE,J)
BINOY B PILLAI
